WVC 42 - 6 - 15
§42-6-15. Recording of disclaimers; failure to record.
(a) A duly executed and acknowledged original or duplicate of
the disclaimer may be recorded with the office of the clerk of
county commission having jurisdiction to appoint the personal
representative of the decedent, in which the trust is located or
the trustee resides, in which the person making the beneficiary
designation resides, in which the person obligated to distribute
the interest resides or in which any of the property or interest
disclaimed is located, as the case may be.

(b) If real property or an interest therein is disclaimed, in
addition to delivery or filing as provided in section twelve of
this article, a fully executed and acknowledged original or
duplicate of the disclaimer shall be recorded in the deed books in
the office of the clerk of the county commission of the county in
which the real property or interest therein disclaimed is located.

(c) Failure to record a disclaimer does not affect its
validity as between the disclaimant and persons to whom the
property interest or power passes by reason of the disclaimer.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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